I-485 Filed and Laid off ?

[anjali]

My I-140 is approved and I-485 was filed on 27 June 2003.(non-concurrent). I have not received EAD card yet and I just came out of a project. The company is undergoing layoffs. What are my chances if I get laid off before I get EAD in my hand ? Can I still use AC21 and change employers ? Or do I have to start GC process from beginning?
Pls help. What to do?

thanks.

[GCdesperate]

I think officially for portability rule you should wait 180 days after your 485 ND, and also you have your EAD. But portability applies when you terminate your job yourself.

If you get laid off, your company shots down, is aquired or something that you do not have control over you are safe, and as soon as you get your EAD you can start working without anything happens to your AOS status.

But I don't know how long you legally you can stay without job, and I think it is safer to get a leave of absence from the company.

[getitnow]

No need to worry

Same thing happened to my friend, His company got closed 2 days after filing his gc. He got his gc after 8 months. Portability says that your case should be pending for 485 days, it won't clearly say when you can change job before or after 180 days.

If you get laid off before 180 days and provided your case is not approved before 180 days (probably it is taking 580-610 now) you should be fine.

Not a legal advice
getitnow

[GCdesperate]

Re: No need to worry

You find useful info at this address: immigration.about.com/lib...12902b.htm

[anjali]

Thanks.

Thanks guys. That was helpful.
I guess I will wait for EAD and then will join new employer, with same or similar job .
Thanks again.

[anjali]

any idea???

what will happen if the company terminates my H1 when they lay me off? I have n't received EAD yet. Will that cause any problem ?

pls advise.thanks-anjali